The Comment On The Case Of The Company Liketengli Prosecuting Weijie Company’s Transfer Dispute

As for the judgment of the validity of the contract defaults and late payment during the process of Equity Transfer Contract in cooperation with the fulfillment,the contract law Provide series of remedies for the parties who is breach of contract sense,this remedy is a clear example of the implementation of the country’s willingness to assist private agreement,and thus national will plays the important role in the private sector as well as economic activities. but the complexity of the market economy in trade,coupled with the principle of private autonomy. Distinguishing the behavior of the equity transfer contains an equity transfer agree that it takes actions after the commencement of contract and the contract phase. According to the law, once the parties signed an economic contract, it must comply with its obligations under the contract fully. Any breach of contract should be punished.This article is mainly concerned about how to deal with validity of the contract issues in the course of the contract due to unforeseen circumstances. Based on judicial practice, it is combined with people’s count to hear the case for such termination of the contract, shifting the focus of controversy of the cases, evaluating court ruling and giving explicit validity equity transfer contract with the actual behavior of the mutual fulfillment. This paper demonstrates an equity transfer agreement signed by both parties adhere to effective. When the first party who is supposed to fulfill obligations does not fulfill its obligations, the other party has the right to perform first defense and insists that the delay in payment is not a necessary breach of the contract, If there are a number of liability for breach of the terms, the true intent of the contracting parties when signing the contract can be determined by the meaning of words and the relationship between the upper and lower contact terms as well as the goal of the contract and the trading habits and good faith. The termination of the contract is established on effective ones for the subject, including the contract that is not effective but can be still used as lifting objects, while some contracts may not be rescinded in principle, some contracts shall not be discharged under exceptional circumstances at a particular stage. When setting up the equity transfer contract must meet the general conditions for the lifting of the contract to lift restrictions on the conditions in order to achieve the purpose of protection of rights and interests for both parties.